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Board of County Commissioners of Teton County v. Bassett7/25/2000
on, they do not involve planning or policy formation, and thus, are operational decisions. As was aptly noted by the Washington Supreme Court: "'If this type of [operational] conduct were immune from liability, the exception would surely engulf the rule, if not totally destroy it.'" DeWald, 719 P.2d at 648 (quoting Mason v. Britton, 85 Wash.2d 321, 534 P.2d 1360, 1365 (1975)). Thus, the district court's denial of the State's motion for judgment as a matter of law was proper.
The exclusion of Ortega from the verdict form frustrates the legislature's expressed intent, and the defendants were entitled to have the causation rule of DeWald given as an instruction to the jury. We reverse and remand for a new trial.
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